CUYAHOGA COMMUNITY COLLEGE

HEALTH INFORMATION MANAGEMENT PROGRAM

Legal Aspects of Health Care, HIM-1311
Chapter 2 - Court Systems and Legal Procedures

1. How are federal and state court systems the same? Both employ a multitier
structure: trial courts, intermediate courts of appeal and supreme court. Page 24

2. How do federal and state court systems differ? On what matters can be brought
before them … Page 24

3. Give a definition of jurisdiction. The authority by which courts and judicial officers
may hear and decide a case. Page 24

4. Your book describes two types of jurisdiction. What are they? Personal- over the
parties involved and subject matter- over the question at issue. Page 25

5. Explain federal question jurisdiction. Refers to cases that call into question or involve
a U.S. constitutional principle, treaty, federal statue, or federal rule or regulation.
Page 25.

6. Explain diversity jurisdiction. The case in question involves parties who are citizens
of of different states and the amount in question involved in controversy is over
$75,000. Page 25

7. Explain courts of general jurisdiction. Meaning that the subject matter that the subject
matter is not limited. Page 25

8. What does personal jurisdiction refer to? The authority of a court over the person as
opposed to authority over the person’s property. Page 26

9. What are some factors that decide personal jurisdiction over the defendant? Number
of factors, mainly whether the defendant was properly served with the summons and
complaints… When plaintiff file a lawsuit, the plaintiff voluntarily submits to the
personal jurisdiction of the court. Page 26

10. Briefly explain the court structure in most states. Both the federal and state court
systems operate within a multitier structure. At the bottom is the trial court. Above is
intermediate courts and then the above these courts are highest court supreme.
Each 50 states has atleast trial and supreme. Page 26.

11. What activities are performed in trial courts? The judge and jury listen to the
testimony of witnesses and view exhibits in an attempt to reach a verdict. Page 26

12. How do appellate courts differ from trial courts? Dramatically from trial courts in that
the appellate court looks to the record of events at the trial to determine if error in law
or procedure occurred, no testimony of witnesses or introductions of exhibits. Page
28
13. What are the only “live” portions of an appeal court? The basic of the parties’ written
briefs the only live portion of an appeal court consists of the oral arguments the
parties present to the court after briefs are filed. Page 28

14. How are appellate courts in the federal system divided-up and what are they usually
called? Divided by geographic region and are referred to as circuit courts of appeal.
Page 29

15. What is the highest level of court? Supreme court Page 29

16. Can a case be brought directly to the Supreme Court? Yes page 29

17. What is a writ of certiorari? Court decide which cases to hear by granting a writ of
certiorari. The U.S. grants only 150 of these per year. Page 29

18. What are court rules and which branch of government gives courts the authority to
write and establish rules of procedure? Very common to every court in America, are
the principle established by authorities that prescribe or direct certain action or
forbearance from action. Judicial… Page 30

19. Which two rules are of the most interest to HIM professionals and tell what each rule
does for HIM professionals? The Civil Procedure Rules and the Evidence rules. Civil
rules have 6. Rule 16, 26, 33 ,34, 35, 36 and 45( listed in table 2.3) (govern criminal
cases) …. Evidence rules are divided into eleven articles which are listed in table 2.4
page 31, govern admission or exclusion of evidence in both civil and criminal cases
20. Explain legal process. The stages through which a lawsuit passes. Page 31

21. The person who initiates a lawsuit is called the__ Plaintiff Page 32

22. The person being sued is called the__ Defendant Page 32

23. What is a complaint and what does it describe? Written document that describes the
grounds of jurisdiction of court, the plaintiff’s claim in a short and plain statement,
and the demand for relief to which the plaintiff feels he is entitled. Page 32

24. What is a summons? A document used to start a civil action and acquire jurisdiction
over a defendant. Page 32

25. The delivery of the summons and complaint is referred to as: Service of process
Page 32

26. What are the defendant choices after receiving the complaint? Must file a written
response, called an answer. Admits or denies, can file motion to dismiss the case or
motion for summary judgment. Page 32 and 33

27. Can the defendant pursue a claim against someone who was not originally part of
the lawsuit? Yes Page 32

28. Does the defendant have a limited time to answer a complaint? If so, what is it? Yes
twenty days after the service of process. Page 33
29. What if the defendant does not answer the complaint? Court may decide the case
against the defendant by entering a default judgement. Page 33

30. Explain discovery. Can be defined as those devices or tools used by one side to
obtain facts and information about the case from the other side in order to prepare
for trial. Page 34

31. What is E-discovery? Seeks information stored electronically in any medium,

including business records such as the patient’s EHR. Page 35

32. What is ESI and give examples? Electronically stored information, distinct category
of information that includes emails, web pages, word processing files and databases
stored in the memory of computers, magnetic disks, optical disks, flash memory and
backup media. Page 35

33. There are six relevant issues that come into the light with ESI that are not seen in the
paper-based information: Form and Format, Existence of metadata, the need to
preserve ESI, the possibility of waiver of privilege and work-product protection, and
questions related to spoliation. Define the six different issues and then explain how
each is an “issue”
1) Form and Format of production issues are trying to decide what manner to
produce ESI.
2) Undue Burden - who decides when complying with e-discovery when it is too costly or
too time-consuming
3) Metadata is hidden data about data found within common text files which can indicate
when a document was created, viewed or changed (or other private data) and could be
detrimental to one side of the case or the other.
4) Preservation of data - do routine computer operations need to be changed so that ESI
is not inadvertently destroyed
5) Waiver of privilege or work-product protection if ESI is produced
6) Spoliation (opposite of preservation) refers to the wrongful destruction or alteration of
evidence or the failure to preserve the information as evidence when it is known that the
information will be needed for possible litigation.

34. What is the difference between a notice of preservation and an order of

preservation? Notice of preservation- may trigger this duty by advising that he may
intend to file a lawsuit , a letter notifying an adversary of the need to preserve
relevant electronic evidence while order of preservation is a court order requiring a
party to preserve electronic and other evidence regardless of the party’s need to
engage in routine deletion …temporary nature Page 38.

35. Define deposition. Discovery device provided for in Federal Rule of Civil Procedure
26 in which one party subpoenas a witness to appear at a given time and place to
testify under oath. Page 40

36. What are written interrogatories? Governed by Federal Rule of Civil Procedure 33
and are far less expensive method to uncover details of a case. Page 41

37. What is the difference between a subpoena and a subpoena duces tecum?
Subpoena duces tecum: formal request to produce a record made pursuant to
 federal rule of civil procedure 45( appear and bring requested) Subpoena appear in
court… Page 42

38. Explain requests for admission and how do they differ from written interrogatories
area? A party must respond in writing to requests for admission within thirty days or
else the subject matter of request for admission will be deemed admitted. In that
those questions are not designed to gather information rather the questions are
designed so that the other side will admit certain facts. Page 42 and 43

39. Explain the steps of a trial. Select a jury, plaintiff’s opening statement and summary,
defendant’s opening statement and summary, presentation of Plaintiff's case and
witness, cross examination by the defendant’s lawyer, defense attorney can request
a motion for direct verdict after plaintiff attorney rests the case, judge can grant or
deny motion, defense brings witnesses and evidence, plaintiff can cross examine
defense witness, both sides rest case, defense’s closing statements and plaintiff
attorney can rebut defense’s statements, jury instructions, jury returns with verdict,
losing party can request judge overturn verdict by filing a motion for judgement
notwithstanding the jury’s verdict, judgement is entered. Page 43/44

40. What does ADR represent and discuss the different types. Alternative Dispute
resolution…. Mediation, arbitration and negotiation and settlement. Page 47